2007 Supreme(Gau) 259
IN THE HIGH COURT OF GAUHATI (IMPHAL BENCH)
Utpalendu Bikas Saha, J.
Joint Action Committee of The Public Works Department
Vs.
State of Manipur and Ors.
Decided On: 03.04.2007
The main legal point established in the judgment is that an unregistered Association does not have the locus standi to file a writ petition unless the fundamental and/or legal and any other right of a citizen and/or juristic person has been affected by any action of the authority and/or any body.
Headnote:
JURISTIC PERSON - Labor Dispute - Societies Registration Act, 1860 - Article 226 of the Constitution of India - [Societies Registration Act, 1860] - The court discussed the maintainability of the writ petition filed by an unregistered Association and its locus standi. The court referred to various decisions and held that the writ petition filed by such an Association is not maintainable. The court emphasized that unless the fundamental and/or legal and any other right of a citizen and/or juristic person has been affected by any action of the authority and/or any body, the court should not exercise its discretionary power under Article 226 of the Constitution of India.
Fact of the Case:
The Joint Action Committee (JAC) of the Public Works Department, Manipur filed a writ petition to quash a letter rejecting their representation for re-engagement of Muster Roll workers. The respondents argued that the petitioner, being an unregistered Association, is not a juristic person and has no locus standi to file a writ petition.
Finding of the Court:
The court found that the writ petition filed by the unregistered Association was not maintainable as it did not have the locus standi to file the petition. The court emphasized that unless the fundamental and/or legal and any other right of a citizen and/or juristic person has been affected by any action of the authority and/or any body, the court should not exercise its discretionary power under Article 226 of the Constitution of India.
Issues: The main issue was the maintainability of the writ petition filed by the unregistered Association and its locus standi.
Ratio Decidendi: The court held that the writ petition filed by the unregistered Association was not maintainable as it did not have the locus standi to file the petition. The court emphasized that unless the fundamental and/or legal and any other right of a citizen and/or juristic person has been affected by any action of the authority and/or any body, the court should not exercise its discretionary power under Article 226 of the Constitution of India.
Final Decision: The writ petition was dismissed as not maintainable, and no order as to costs was given.
U.B. Saha, J.
1. The present writ petition is filed by the Joint Action Committee (in short JAC) of the Public Works Department, Manipur constituted by representations of 3 registered Trade Union at Impala for quashing the letter dated 28.1.1998 (Annexure-A/7 to the writ petition) whereby and where under the Govt. of Manipur, through the Under Secy. (works) rejected the representation filed by the petitioner in view of the order dated 10.12.1997 passed by this Court in C.R. No. 849 of 1997 and also that a prayer for re-engagement of the remaining Muster Roll workers, whose names are mentioned in the Annexure-A/1 to the writ petition etc.
2. Heard Mr. Hemchandra learned Counsel appearing for the petitioner, Mr. Johnson, learned State counsel appearing or the respondents-1 and 2 and Mr. N. Ibotombi, learned Counsel for the respondent No. 3.
3. Pleaded case of the petitioner, in short, is that the petitioner, being the JAC constituted by 3 registered Associations, namely, (i) The All Manipur PWD, Stores Division & Mechanical Division Employees and Workers Union, Imphal, (ii) The Imphal Building, PWD, Employees and Workers Association, and (iii) The Manipur PWD Building Project Division Employees and Workers Assn., Imphal, is looking after the interest of all the Muster Roll workers in the department of PWD, whose particulars are fully given in the Annexure-A/1 to the writ petition. The present petitioner, on earlier occasion, filed writ petition, being C.R. No. 1265 of 1992 for regularization of the services of the Muster Roll workers in terms of the Government order dated 16.4.1997 issued by the Under Secretary (DP), Govt. of Manipur, which was disposed of by this Court on 27.5.1997 with a direction to the effect that "Further, till their regularization, they shall not be thrown out from service. If some persons have already been thrown out from service, they shall file a representation and on perusal of the representation, the authority shall take back the persons in service." In compliance with the aforesaid order dated 27.5.1997 the petitioner submitted representations dated 16.7.1997 (Annexure-A/4 to the writ petition) and dated 26.6.1997 to the hon'ble Minister (Works) on 2.6.1997. Another representation was also made on 15.7.1997 to the Hon'ble Chief Minister, Govt. of Manipur. In response to the aforesaid representations, the Under Secretary (works) to the Govt. of Manipur vide his letter dated 28.1.1998 (Annexure-A/7 to the writ petition), informed its President that its representations were considered and rejected the same. After filing the aforesaid presentation, petitioner filed another writ petition being C.R. No. 849 of 1997, which was disposed of by this Court vide order dated 10.12.1997 with the direction to the respondents to dispose of the representations (Annexures-A/4 and A/5) respectively within a period of three weeks from the date of receipt of that order. In compliance with this Courts order dated 10.12.1997 passed in C.R. No. 849 of 1997. The respondents considered the Annexures-A/4 and A/5 of the writ petition and accordingly informed the writ petitioner that its representations had been duly considered and rejected. Being aggrieved by the aforesaid letter dated 28.1.1997 (Annexure-A/7 to the writ petition), the present writ petition has been filed by the petitioner.
4. When the writ petition is taken up for hearing, learned Counsel for the respondent No. 3, Mr. N. Ibotombi, raises a preliminary objection to the maintainability of the present writ petition on the following grounds (i) the petitioner, being an unregistered Association, is not a juristic person and has no locus standi to file a writ petition as fundamental and/or any other rights are being violated by the respondents. In support of his contention, he places reliance on the decisions of this Court in All Manipur DIC Supervisors Association v. State of Manipur 2000 (1) GLT 374, and the order dated 22.6.2005 passed in WP(C) No. 902 of 200